1 Purpose. This bill clarifies and corrects the exemption language pertaining to the termination of a pregnancy in New Hampshire homicide laws. This bill also corrects a constitutional flaw in existing New Hampshire law that allows a developing human identified as a person to be terminated without due process.

2 Homicide; Death of Another; Applicability. Amend RSA 630:1-a, V(a) to read as follows:

V.(a) Nothing in paragraph IV shall apply to:

(1) Any act committed by the pregnant woman;

(2) *Any act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman;

(3)* Any act performed by a physician or other medical professional in the course of such physician's or medical professional's professional duties, including but not limited to, an act that results in the termination of a pregnancy; or

(4) Any act taken in furtherance of the lawful dispensation or administration of prescription or nonprescription medication.

3 Fetal Life Protection Act; Prohibition. Amend RSA 329:44, I and II to read as follows:

I. Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 24 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 24 weeks.

II. Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 24 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age.

4 Fetal Life Protection Act; Criminal Penalties. Amend RSA 329:46 to read as follows:

329:46 Criminal Penalties. - Any health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least 24 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 24 weeks, shall be guilty of a class B felony and, in addition to any other penalties the court may impose, be fined not less than $10,000 and not more than $100,000.

5 Effective Date. This act shall take effect January 1, 2027.

1 Purpose. This bill clarifies and corrects the exemption language pertaining to the termination of a pregnancy in New Hampshire homicide laws. This bill also corrects a constitutional flaw in existing New Hampshire law that allows a developing human identified as a person to be terminated without due process.

2 Homicide; Death of Another; Applicability. Amend RSA 630:1-a, V(a) to read as follows:

V.(a) Nothing in paragraph IV shall apply to:

(1) A pregnant woman, for a termination of her pregnancy, that is performed in compliance with RSA 329:44 ;

(2) Any act performed by a physician or other medical professional in the course of such physician's or medical professional's professional duties, including but not limited to, an act performed in compliance withRSA 329:44 that results in the termination of a pregnancy; or

(3) Any act taken in furtherance of the lawful dispensation or administration of prescription or nonprescription medication.

3 Fetal Life Protection Act; Prohibition. Amend RSA 329:44, I and II to read as follows:

I. Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 20 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 20 weeks.

II. Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 20 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age.

4 Fetal Life Protection Act; Criminal Penalties. Amend RSA 329:46 to read as follows:

329:46 Criminal Penalties. - Any health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least 20 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 20 weeks, shall be guilty of a class B felony and, in addition to any other penalties the court may impose, be fined not less than $10,000 and not more than $100,000.

5 Effective Date. This act shall take effect January 1, 2027.